The Federal Government's framework ordinance was adopted two years ago: The Federal Council approved it in its plenary session on 25 June 2021. After a process lasting almost 15 years, the ordinance thus also replaces the relevant technical regulations of the Federal/Länder Working Group on Waste (LAGA).

After a transitional period of almost two years for the introduction of the Mantelverordnung, the regulation will enter into force on 1 August 2023. Just under two months before this date, which means a significant rethink in the handling of mineral waste on construction sites, there is generally still a great deal of uncertainty on the part of engineers and construction companies as well as the authorities. Not to mention the fact that many clients are not yet fully aware of the radical change in the handling of mineral waste. There is still a lot of educational work to be done in the coming weeks.

Mineral waste represents by far the largest waste stream in Germany, with about 240 million tonnes. The two most important recovery routes are recycling, i.e. processing and use in technical structures, and backfilling of excavations and opencast mines. Until now, there have been no legally binding federal principles for the proper and harmless recovery of mineral waste. This is now to be changed by the Outer Shell Ordinance. The goals are

  • to ensure the best possible recycling of mineral waste within the meaning of § 6 of the Closed Substance Cycle Waste Management Act (KrWG), and
  • to adapt the requirements for the sustainable protection and restoration of soil functions within the meaning of § 1 of the Federal Soil Protection Act (BBodSchG) to the state of knowledge.

The users have a two-year transitional period: The Mantelverordnung enters into force on 1 August 2023. Article 5 announces: "The Federal Government shall review the effects of the enforcement of the regulations on the recovery of mineral waste on the basis of the development of waste management by 5 August 2025 and, if necessary, implement the consequences by adapting the Ordinance.